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1
Ko, kwan yong, and Kwang Dong Park. "A Study on Real Estate Legislation in Indonesia: from the perspective of legal exchanges." Korea Association Of Real Estate Law 26, no. 2 (June 30, 2022): 1–16. http://dx.doi.org/10.32989/rel.2022.26.2.1.
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Korea and Indonesia are economic partners. And Indonesia is the target country of Korea's official development assistance. Currently, legal exchanges between Korea and Indonesia are actively progressing in terms of legislation.
Since Indonesia has strong social, cultural, and regional diversity, the legal system and contents of real estate legislation are complicated and difficult to access.
Legal exchanges between Korea and Indonesia on real estate legislation need to review the Rule of Law Index by the World Justice Project. In this case, it is necessary to apply the criteria of Constrains on Government Powers and Open Government.
After applying these standards, strong matters that are value-neutral and procedural should be selected as specific targets for exchange of real estate legislation. After that, various discussions on legal improvement should be held.
In addition, it is necessary to look at the economic feasibility of legislation and the ease of access to legislation. In other words, it is necessary to carry out legal exchanges to establish a legislative system that can concisely and uniformly regulate Indonesia's complex real estate legislation.
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Гольцов, В. Б., and Н. М. Голованов. "HISTORICAL INSIGHT Into Formation and Development of Norms of Civil Law on Real Estate in the Russian Federation." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 3 (October 15, 2023): 114–22. http://dx.doi.org/10.26163/gief.2023.78.69.015.
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В статье исследуются вопросы об исторических аспектах использования в гражданском законодательстве России термина «недвижимость» и изменениях его содержания на протяжении последней трехсотлетней законодательной практики, а также взгляды российских правоведов на сущностные признаки объектов недвижимого имущества. Показано современное видение категории недвижимости российским законодателем, разделение ее на недвижимые вещи по естественным свойствам и по закону. Проанализированы критерии, согласно которым объекты недвижимости подразделяются на виды. Рассмотрены особенности отнесения к недвижимости вещей в ведущих государствах Западной Европы, входящих, как и Россия, в романо-германскую правовую семью, а также в Великобритании и США, относящихся к англосаксонской правовой семье. Сформулированы предложения о внесении коррективов в законодательство, регламентирующее основания отнесения вещей к объектам недвижимости. The article examines historical aspects of the use of "real estate" term in the civil legislation of Russia along with changes in its content taken place during the last three centuries of legislative practice. The paper also focuses on the views of Russian legal scholars related to the essential features of real estate objects. The modern Russian legislator’s vision of real estate category is shown with the division thereof into immovable things as per its natural characteristics and according to the law. The criteria by which real estate objects are divided into types are analyzed. Particular attention is paid to specific features of attribution of things to real estate in the leading states of Western Europe, as Russia alike belonging to the Romano-German legal family, as well as in the UK and the USA, belonging to the Anglo-Saxon legal family, are considered. Proposals are being made to adjust the legislation regulating the grounds for classifying things as real estate objects.
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Temeljotov Salaj, Alenka, Jerica Jančar, Mojca Štritof Brus, and Gorazd Trpin. "The Development of the Real Estate Investment Fund for the Purpose of Regional Development." Lex localis - Journal of Local Self-Government 9, no. 3 (July 4, 2011): 265–81. http://dx.doi.org/10.4335/9.3.265-281(2011).
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In this research, an attempt is made to present the field of real estate funds in Slovenia, to point out the differences between private and public real estate funds, and explore some possibilities of public-private partnerships in this field. ‘Consumers in Europe’ (2009) Eurostat data shows that in 2007 Slovenia belonged to the states which had more than 80% of owner occupied dwellings in their total housing stock, 4.8% of the stock presents commercial rental units and only 1.3% of the stock consists of non-profit rental apartments. This issue is being examined in order to establish whether an introduction of Real Estate Investment Funds to Slovenian legislation and their cooperation with public funds could contribute to solving the problematic lack of rental apartments in Slovenia, especially in the non-profit segment.
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Дзьоник, Виталий Романович, and Ксения Владимировна Савчик. "Concept of Unitary Real Estate Object and its Development in Russian Law." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 2 (June 15, 2021): 68–71. http://dx.doi.org/10.26163/gief.2021.66.56.010.
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Изучение концепции единого объекта недвижимости применительно к нормам российского права является достаточно популярной темой для проведения научных исследований, так как данная концепция успешно функционирует в некоторых странах континентальной правовой семьи. Актуальность данной темы обосновывается проводимым реформированием гражданского законодательства, в том числе направленным на внедрение в российское право института единого объекта недвижимости. The study of the concept of unitary real estate object in relation to Russian law is a rather popular topic for scientific research, since the concept in question is successfully functioning in civil law jurisdiction. The ongoing reforms of civil legislation, including ones aimed at introducing the institution of unitary real estate object into Russian law determines the relevance of the research.
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Яковлев, Вениамин, and Vyeniamin YAkovlyev. "Problems of Private Law in Modern Conditions." Journal of Russian Law 4, no. 1 (January 25, 2016): 0. http://dx.doi.org/10.12737/17225.
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Recent intensive development of private law, which is presented by three successful codifications in the field of the civil, family, labor law in Russia, is noted in the article. Current changes of the Russian civil legislation as well as planned ones are described. To number of the main problems the author refers violations of the principle of good faith by participants of civil turnover, lack of effectiveness of the Federal Bailiff Service, insufficient security of the civil rights for real estate. In this regard it is necessary to form a notarial certification of real estate turnover, to keep availability of information from the state register of real estate for citizens, raise the status of the Federal Bailiff Service and strengthen its position by hiring highly qualified specialists.
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Chen, Shuxiu. "Legal issues of implementation of the principle of publicity of the real estate register in the People’s Republic of China." Право и политика, no. 10 (October 2021): 22–33. http://dx.doi.org/10.7256/2454-0706.2021.10.36757.
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The principle of publicity is one of the basic principles of real right and one of the important conditions for implementation of the principle of public credibility of the real estate title registration. During operation of China’s Law on Real Rights, a range of problems has emerged with the provisions in this part in doctrine and practice, for example: nature of the registration authority and its impact upon operation of the principle of public credibility of the real estate register, ambiguity of the category of interested person, method of confirmation of interest of the applicant, etc. Due to time constraint, these issues have not been eliminated as a result of recent enactment of the Civil Code of the People's Republic of China. There are plenty of disputes within the Chinese civil law doctrine. This article analyses the evolution of the legislation in force regarding the principle of publicity of the real estate register and state registration in PRC, as well as outlines the array of issues. The goal of this research lies in determination and assessment of significant flaws in the current legislation. The novelty consists in critical analysis of the existing problems and gaps in current legislation of the People's Republic of China, as well as the author's position based on the analysis of China’s social situation. The acquired results reveal the need for the development of the unified scientifically grounded legislation. The author believes that this work would contribute to development of the next stage of PRC legislation in terms of real estate title registration, lay groundwork for implementation of the principle of public credibility of the real estate register, as well as familiarize Russian audience with China’s experience on the matter.
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Osmanov, O. A. "On the concept and types of real estate property in the light of reforming of the civil legislation of the Russian Federation." Law Нerald of Dagestan State University 41, no. 1 (2022): 79–84. http://dx.doi.org/10.21779/2224-0241-2022-41-1-79-84.
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This article is devoted to the analysis of the category of "real estate" civic in the legislation of the Russian Federation and a number of European countries. The main methods for achieving results are historicallegal, formal-legal, systemic, comparative-legal, individual logical techniques, methods of interpreting regulatory documents. The article is of a scientific and practical nature and examines certain aspects of the legal regime of real estate. This category has historically passed a long and difficult path of formation from the provisions of Roman law to the modern legislation of the countries of continental Europe and the Anglo-American legal system. Real estate as an object of civil rights has special features, legal nature, and the history of its origin and development as a legal institution is also specific. The author made an attempt to investigate the history of formation, the concept and features of real estate as an object of civil law, the features of its legal regulation in certain foreign countries and in modern Russia. The specifics of fixing this institution in separate acts on amendments to the Civil Code of the Russian Federation are considered. The main conclusions were the characteristics of the signs of real estate, the content of the rights and obligations of the copyright holder, the peculiarities of the emergence and acquisition of rights to real estate, the formulation of the main shortcomings of its legal regulation in the current legislation and the merits of the changes that come into force on March 1, 2023.
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Brzezicki, T., and P. Kornieiev. "Tax on real estate, other than land." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 210–14. http://dx.doi.org/10.24144/2307-3322.2021.65.38.
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The study examines the mechanism of real estate taxation. The current state of their functioning in Ukraine is analysed in detail. Problems of legal and regulatory nature are also investigated. The main features that characterize this tax, both in Ukrainian and Polish legislation, are also described. In addition the feasibility of reforming the tax base in the Ukrainian legislation is analyzed. Analyzed the experience of foreign countries, and held a parallel to the functioning of the tax in Poland, as an example, one of Europe’s economically developed countries. This article focuses on tax on immovable property. The introduction of real estate tax in Ukraine has followed a difficult path. The authors emphasize that development, and global development, is not possible without the socio-economic development of the country. In the authors’ view, development must begin in the cities, namely with the effective formation of local budgets. Because the financial resources of the cities have a direct influence on the solution of social and economic problems. The problem of deficiency of financial resources of cities, is a frequent problem on the territory of Ukraine. Therefore, we consider it necessary to pay attention to the European practice of countries that have a rational approach to the redistribution of income, with the help of certain tax rates, or by applying the benefits provided by the legislation. Statistical data shows that property tax has been introduced in about 130 coun-tries, thereby providing a significant part of budget revenues. The study is written using the descriptive method on the basis of administrative court jurisprudence and tax law literature.
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Alexeev, Vadim A. "Territorial Real Estate Complexes and New Legislation on Common Shared Ownership." Zakon 21, no. 6 (June 2024): 111–23. http://dx.doi.org/10.37239/0869-4400-2024-21-6-111-123.
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The article analyses the meaning of the new norms of the Russian Civil Code on common shared ownership of common property of owners of real estate (buildings, structures and land plots) included in territorial complexes. It concludes that the norms of § 2 of Chapter 16 of the Civil Code cannot be considered as a legal basis for the emergence of shared ownership of common property in territorial real estate complexes. The norms of the Civil Code serve as the basis for the emergence of common shared ownership only for owners of premises and parking spaces in buildings and structures. For other real estate complexes consisting of buildings, structures, land plots, either a special law is required, which in this case acts as the basis for the emergence of shared ownership, or a joint expression of the will of all property owners — a transaction. At the same time, Art. 259.1 of the Civil Code opens up the possibility of carrying out such transactions, defines the conditions under which they can be concluded, and the characteristics of the object of such transactions — the common property of the owners of immovable things. The author criticises the conditions provided by law for the emergence of shared ownership of common property — the definition of the boundaries of the common territory and the physical or technological connection of the complex’s objects — and believes that such a condition should be the presence of common property. The proposal for the development of legislation is to establish a unified legal regulation of relations in any territorial real estate complexes, abandoning special laws on certain types of such complexes.
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VEDENIN, ALEXANDR A. "One Real Estate Complex: Concept and Prospects of Law." Proceedings of the Institute of State and Law of the RAS 15, no. 3 (July 31, 2020): 124–40. http://dx.doi.org/10.35427/2073-4522-2020-15-3-vedenin.
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One of the most important and discussed topics of Russian civilization is the issue of objects of civil law. The topic under study is not adequately reflected in domestic civil law and judicial arbitration practice. According to legal scholars, the ongoing changes in domestic civil legislation have not eliminated problems that relate to objects of civil law. The constant complication of civil law turnover and the development of domestic science of civil law are forced to carry out targeted work in this direction. The domestic legislator initiates the necessary new norms of civil law. As a result, this entails, among other things, the emergence of new objects of civil law. The expediency of expanding the list of objects of civil law requires a rethinking of existing legal concepts and work on serious theoretical and practical justification of new ones. In legal science and practice, the need to include the legal concept of "single immovable complex" in the current civil legislation of the Russian Federation is proved Legal scholars have formed various opinions that characterize it. Domestic civilizations have identified and analyzed the theoretical and practical shortcomings of a single immovable complex. A comparative legal study of a single real estate complex, an enterprise as a property complex, a complex thing was carried out and it is confirmed that they are not identical. Obviously, a single immovable complex is a necessary and relevant legal concept of domestic scientific thought. In order to create a single real estate complex, some conditions are needed. The rights holder of movable and immovable property by his will decides to create it. The permitting authorities, through State registration, decide to establish. Disadvantages of a single immovable complex, both theoretical and practical, are indicated. Similarities and differences in the design of the enterprise as a property complex, a complex thing, and a single real estate complex made it possible to identify the features of the legal status of the latter and distinguish it as an independent object of civil rights. Despite the fact that in the Civil Code of the Russian Federation there are such legal concepts as "enterprise as a property complex" and "complex thing," the inclusion of a single real estate complex in the current civil legislation is necessary. The legal significance of this concept is unconditional. It justifies its own point of view on the problem and the place of a single immovable complex in the system of objects of civil law. Recognizing the need for the concept of "single immovable complex" in the current civil legislation of the Russian Federation, the domestic legislator should focus on its significant theoretical and practical shortcomings that impede the effective enforcement of the provisions of Art. 1331 of the Civil Code of the Russian Federation. Domestic legislators need to give them an appropriate legal assessment, as well as suggest effective ways to solve them.
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Maksurov, A. A. "Real Estate as a Subject of Theft: a Socio-Historical Analysis." Siberian Law Review 20, no. 1 (April 24, 2023): 64–76. http://dx.doi.org/10.19073/2658-7602-2023-20-1-64-76.
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The article deals with the actual problems of classifying real estate as objects of theft and, above all, fraud. The importance of solving this kind of issue from the standpoint of the history of legal regulation is determined, the socio-economic significance of real estate in modern society is shown. The conclusion is made about the change in the social essence of real estate during the historical development, which influenced the legal regulation of the protection of rights to real estate, including the norms of criminal law. The prerequisites and possibilities of the historical and legal approach in this part are considered. Characteristics are given to the main trends in the development of legal understanding about real estate as an object of criminal encroachment and, first of all, theft. The author came to the conclusion that such development is largely due to a change in the content characteristics of the right to real estate, on the one hand, and a clarification of the place of ownership in the system of other rights to real estate, on the other. In addition, the concept of fraud as a type of criminal behavior has historically changed. The paper identifies priorities in the area under study of the post-revolutionary period, which did not hasten to take full advantage of the previous historical experience and offered its own vision of the issue. Based on the results of the study, conclusions were drawn about the opportunities for improving the legislation on criminal liability for theft of real estate provides the genesis of Russian law.
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Tsvigun, Iryna. "LAND LEGAL RELATIONS UNDER THE LEGISLATION OF POLAND AND UKRAINE: A COMPARATIVE LEGAL ANALYSIS." Baltic Journal of Legal and Social Sciences, no. 2 (October 26, 2022): 217–21. http://dx.doi.org/10.30525/2592-8813-2022-2-36.
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The article carres out a professional comparative legal analysis of the legislation of Ukraine and Poland in the field of land law regulation. Attention was primarily focused on the directions of development of land relations for completeness and a comprehensive presentation of the research , the concepts and terms most open to the understanding of the society were considered, in particular – «land legal relations», «land plot», «real estate», «land ownership», «land real estate», «real estate» and the general features and differences of these concepts in Ukrainian and Polish legislation are outlined. The article discloses the features of land management and cadastre in the system of land legal relations of both states, highlights the differences in the basic approaches of modern land management, in particular, the use of an innovative type of documentation for the Ukrainian legislator – a comprehensive spatial development plan. It has been studied that the cadastre system of Poland, unlike the cadastre system of Ukraine, is multifunctional and contains information about land plots and other real estate objects. It was found that land relations in Ukraine and Poland are regulated by a number of normative legal acts, while the essence of normative legal regulation is the division of land legal relations into relations of a public and private nature, which is a kind of standard of land relations regarding a land plot as a part of the earth surface and the corresponding natural resource. It was also found that at the current stage of the development of land legal relations, the formation of the latest approaches in understanding the infrastructure of geospatial data is decisive for both states, which is a potentially new step in the development of land relations in a systemic relationship with other types of natural resources (water, forest, plant life, etc.). Special attention is paid to the results of the study, based on the own analysis, a number of inherent and distinctive features of the legislation of Poland and Ukraine in the field of land law regulation have been singled out. It is noted that turning to the experience of other countries is a potentially important and promising direction in the development of modern Ukrainian legislation. Attention is focused on the importance of studying the experience of other countries, in particular Poland, which will contribute to the transformation of Ukrainian land legislation in the formation of norms that will contribute to the development of Ukrainian society.
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Kulikovska, Olha, Roman Stupen, Oleksandra Kovalyshyn, and Zorian Ryzhok. "ALGORITHMS FOR OBTAINING A RESIDENCE PERMIT AND PURCHASING REAL ESTATE FOR UKRAINIANS UNDER SPECIAL MARTIAL LAW CONDITIONS." Spatial development, no. 6 (December 26, 2023): 309–20. http://dx.doi.org/10.32347/2786-7269.2023.6.309-320.
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Approximately a quarter of the surveyed Ukrainian refugees and IDPs said that they plan to stay in their new places of residence, in the countries of their choice, obtain a residence permit, and purchase real estate. The legislation of Ukraine, like that of other countries, provides that ownership and other real rights to real estate, encumbrances, as well as their creation, transfer and termination, are subject to state registration. Rights to real estate subject to state registration arise from the moment of such registration. In essence, state registration is the fact of public recognition by the state of a person's right to real estate by entering information about it into the State Register of Real Property Rights. However, each country has its own regulatory requirements. Therefore, research into real estate registration procedures and algorithms for obtaining a residence permit is relevant. The study is aimed at identifying the peculiarities and algorithms for obtaining a permanent or temporary residence permit by investing in real estate or business in the country of study. real estate registration for Ukrainian citizens who went abroad during the military operations and intend not to return home but to integrate into other countries. The research objects are 9 countries of the world, namely: Turkey, Greece, Montenegro, the United Kingdom, Cyprus, the United Arab Emirates, the United States, Portugal, and Hungary. These countries are characterized by: attractiveness in terms of residence, democratic development, improvement of the quality of service provision and strengthening of trust in the government by the population, the public and the private sector. The information base of the study was based on collections of scientific papers, periodicals, and Internet resources. Summarizing the results of the study, we have constructed a diagram of the cost of investment real estate for permanent residence for the selected countries. The largest investment is required in the UK, while Montenegro has no requirements for real estate investment at all.
It is determined that the procedure for obtaining the right to temporary or permanent residence through investment and registration of real estate may vary, and the package of documents required for registration also differs depending on the specific object and the circumstances of the rights to it. However, there are simple general recommendations that can help protect real estate rights and save time and money: compliance with the country's legislation; creation and proper operation of a unified registration system. This analysis will help to identify ways to implement foreign experience in Ukraine's activities in the future. The practical content is indicated by the target orientation of this study for Ukrainian citizens who are forced to stay abroad, urban planning and cadastre specialists.
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Podbolotova, L. P., O. V. Gvozdeva, L. V. Molodkina, A. I. Pyatov, and A. A. Korostyleva. "Modernization of Legislation on Control and Supervisory Activities in the Field of Land Management in the Russian Federation." SHS Web of Conferences 134 (2022): 00127. http://dx.doi.org/10.1051/shsconf/202213400127.
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The authors of the presented article consider the main changes in land legislation that occurred in 2020-2021 regarding the modernization of legislation on control and supervisory activities in the field of federal state land control (supervision). These changes require the study and attention of both public authorities and individuals and legal entities. The article analyzes the main provisions of the Federal Law of 11.06.2021 N 170-FZ "On Amending Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On State Control (supervision) and municipal control in the Russian Federation" regarding the implementation of state land control (supervision), as well as new documents adopted in its development. It is concluded that not only legislation changes, but also activities in the field of land control (supervision) as one of the main functions of land and other real estate management.
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Injieva, Buynta. "Actual Problems of Land Lease As Real Estate Objects in the Russian Federation." Legal Concept, no. 1 (May 2022): 115–21. http://dx.doi.org/10.15688/lc.jvolsu.2022.1.16.
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Introduction: the land lease agreement is one of the most common in the sphere of civil turnover of land and other natural resources. However, despite the long-term reform of the civil and land legislation, as well as developed law enforcement practice, there are still many gaps and conflicts in the regulation of this sphere of public relations that need to be addressed. The purpose of the study: the identification of shortcomings of the legal regulation in the field of land lease, the development of constructive proposals to eliminate them. Relevance: the development of contractual relations in the sphere of the use of land plots as real estate objects requires an integrated approach that allows building a balance between private and public interests, as well as between the norms of civil and land law reflecting these interests. Meanwhile, at the moment the solution to this problem has not been achieved, which requires doctrinal discussion and legislative reform. Methods: the paper uses general and specific scientific methods, including the concrete historical method that allows identifying the causes of certain legal problems, as well as the method of system analysis that allows considering the problems under study in the context of other legal phenomena and processes. Results: in the course of the study, conflicts between the civil and land legislation regulating the lease of land real estate are identified, and proposals are made to eliminate them. Conclusions: it is proposed to expand the list of essential terms of the land lease agreement, the differences in the legal regulation of lease on lands of various categories are determined.
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Tymoshchyk, L. "Property Valuation in the Property Management System: Analysis of Conceptual Problems." Modern Economics 24, no. 1 (December 16, 2020): 194–99. http://dx.doi.org/10.31521/modecon.v24(2020)-31.
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Introduction. Today, significant property assets in the form of real estate and land are in the possession of Ukraine. To make a profit from property requires an effective management system, an important tool of which is the assessment of property value. Purpose. The main purpose of the article is to consider the obstacles to the development of property valuation as one of the tools of property management. The article also explores the peculiarities of the development of Ukrainian legislation in the field of property valuation and management, presents general recommendations for the development of the property procedure. Results. The author identifies eleven conceptual problems of use and development of property valuation in the property management system. Among the most important is the lack of detailed legislative and procedural support of the property valuation procedure, in particular – the lack of a register of state property (both functionally real estate and unfinished), insufficient regulation of land and property legislation. Insufficient guarantees of observance of the rights to possession and use of property (real estate) are considered as obstacles to the growth of the role of small and medium business, and as a negative trend in the lives of people in the temporarily occupied territory. The influence on the development of property valuation of such market characteristics as competitiveness and lack of free competition, which contribute to the determination of the final value of property such factors as monopoly and government decisions, is analyzed. Conclusions. The process of property valuation occupies a significant place in the process of effective property management, but in our country this procedure is still developing. The author emphasizes that a fair and objective assessment requires, above all, respect for constitutional rights and guarantees in the field of property. The second priority area for improvement is the formation of an integrated and complete legal framework in the areas of property management and land law, the creation of a complete register of all state-owned real estate. It is recommended to pay attention to the need to study the impact of the market on the final valuation. Keywords: property valuation; property management valuation; property valuation mechanism; small business; real estate use right.
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Kirilenko, V. P., Y. V. Mishalchenko, and A. V. Chaplik. "International Legal and Economic Aspects of Real Estate Turnover in the EAEU Member States." EURASIAN INTEGRATION: economics, law, politics 15, no. 4 (January 3, 2022): 33–39. http://dx.doi.org/10.22394/2073-2929-2021-04-33-39.
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The article analyzes the current state of the civil circulation of real estate within the Eurasian Economic Union as a supranational formation, examines the legal basis for the international turnover of real estate, as well as identifies legal problems.Aim. Suggest the best ways to solve the problems of international turnover of real estate within the Eurasian Economic Union.Tasks. To determine the legal basis for the regulation of international turnover of real estate within the EAEU, to analyze the state of the real estate market within the EAEU, as well as to identify legal problems that hinder the development of these social relations.Methods. In this research we used methods of comparative law, methods of analysis and synthesis, as well as methods of deduction and induction.Results. In the course of the research the authors conclude that there are some problematic aspects of both national and international regulation in the field of international real estate transactions. These problems are expressed in the absence of uniform norms governing the procedure for certifying real estate transactions, as well as in the absence of a unified legal mechanism for such transactions.Conclusion. As a result of analysis of problems of current legislation, the authors propose ways to solve them by creating a uniform (unified) rules in the field of notarization of real estate transactions within the Eurasian Economic Union.
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Grigorieva, O. G. "Is the Path to Citizenship through Property Investment Possible in Russia?" Journal of Law and Administration 20, no. 1 (May 30, 2024): 75–83. http://dx.doi.org/10.24833/2073-8420-2024-1-70-75-83.
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Introduction. Real estate has undoubted investment advantages. Moreover, in a number of countries it is a bridge for simplified obtaining a residence permit or even citizenship. In Russia, the legal regime of immovable property undoubtedly has a number of advantages. The very possibility to have property on the right of private ownership (including land plots) gives owners confidence in the possession and use of real estate. The legislation on real estate is characterized by stability and is less susceptible to change. Low rates of property tax calculated on the cadastral value of the property facilitate the acquisition of real estate. The variety of real estate objects allows citizens and legal entities to own residential and non-residential premises and parking places. With the development of digitalization of state administration, the registration of rights to immovable property has become as simple and accessible as possible, allowing owners to protect their property from fraudulent schemes. Property prices in Russia are steadily rising, which also stimulates investment in this sector. Whether investments in real estate contribute to obtaining citizenship of the Russian Federation in an accelerated (preferential, facilitated, etc.) manner will be shown in this article. Materials and methods. This study is based on: 1) the totality of such methods of scientific cognition as: the dialectical method, which allowed to connect the theory of civil and land law and the practice of the Constitutional Court of the Russian Federation; the formal-legal method allowed to analyse legislative norms; the system method allowed to consider the institute of national treatment of foreign citizens in Russia as a system with internal unity and interrelations with other institutions of law (the institute of citizenship, the institute of property rights, etc.); 2) the results of the author's survey of the moderators of My Hectar Programme regarding the demand of foreign citizens for land plots sold under the Programme; 3) analysis of the Decisions of the Constitutional Court of the Russian Federation. Research results. The study found that in Russia, at the constitutional level, foreign citizens are granted national treatment, exceptions to which are provided for by federal laws. Restrictions on the rights of foreigners are stipulated by a number of federal laws. For example, civil legislation has traditionally prohibited ownership of certain categories of land plots. As a response to western sanctions, in March 2022 a special permissive procedure was introduced for citizens of unfriendly countries to acquire ownership of real estate. The legislation on citizenship of the Russian Federation does not provide for any privileges for foreigners to obtain citizenship through investments in the country's economy in general, in real estate and business in particular.Discussion and сonclusion. The Russian Federation policy regarding the rights of foreign citizens to immovable property should continue to be aimed at maximum protection of the interests of national security and sovereignty of the country, and priority opportunities for Russians to acquire real estate. Certainly, the state should stimulate foreign investment. However, in the conditions of aggravation of international relations and threats to Russia's national security, it would be advisable to introduce a permissive procedure for the acquisition of real estate for all foreign citizens, taking into account the foreigner's occupation and the purpose of acquiring real estate, sources of his income, possible links with organizations banned in Russia.
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Светлана Егоровна, Хейгетова. "FOREST PLOTS AS OBJECTS OF CIVIL LAW: SPECIFICS OF LEGAL REGULATION." NORTH CAUCASUS LEGAL VESTNIK 1, no. 4 (December 2022): 100–109. http://dx.doi.org/10.22394/2074-7306-2022-1-4-100-109.
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Forest resources occupy an important place in the development of the economy of the Russian state. At the same time, the forest is a complex ecosystem. This fact required the creation of an effective mechanism for the legal regulation of civil turnover and protection of forest plantations. This article discusses the issues of the legal status of forest plots in the legislation of Russia. The specific features of forest plots as objects of law in general and objects of civil law in particular are highlighted. A comparative analysis of forest and land plots as objects of real estate is given. The problems of economic turnover of forest plots and forest plantations are investigated. The problems of the practice of applying the current legislation are analyzed.
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Salomão, Deborah Alcici. "Effective methods of consumer protection in Brazil. An analysis in the context of property development contracts." Revista de Derecho Privado, no. 29 (December 14, 2015): 185. http://dx.doi.org/10.18601/01234366.n29.08.
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<p>This study examines consumer protection in arbitration, especially under the example of property development contract disputes in Brazil. This is a very current issue in light of the presidential veto of consumer arbitration on May 26, 2015. The article discusses the arbitrability of these disputes based on Brazilian legislation and relevant case law. It also analyzes of the advantages, disadvantages and trends of consumer arbitration in the context of real estate contracts. The paper concludes by providing suggestions specific to consumer protection in arbitration based on this analysis.</p>
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Baltutite, Iolanta. "The Legal Regulation of Real Estate Turnover in the Context of Digitalization of the Russian Economy." Legal Concept, no. 1 (April 2021): 86–93. http://dx.doi.org/10.15688/lc.jvolsu.2021.1.13.
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Introduction: the formation and development of the real estate market as a specific sphere of market relations is one of the basic vectors of the creation in the Russian Federation of an economic system based on the prevalence of private property and market mechanisms of self-regulation, functioning and formation of the economy. The rapid development of digital technologies leads to the transformation of the entire system of public relations, including the sphere of real estate transactions. Purpose: to study the peculiarities of concluding transactions, whose object is real estate, in the context of informatization of civil turnover, as well as to develop and justify the theoretical and practical conclusions and proposals for improving the relevant legal regulation. Methods: the methodological framework for the study is based on the methods of scientific cognition, among which the main ones are the methods of consistency, analysis and comparative law. Results: the author analyzes the results of the reform of the current civil legislation and innovations in the field of the legal regulation of real estate transactions in the context of digitalization and informatization of the state and society, considers the main theoretical and practical problems of the legal regulation of the implementation and organization of such transactions using digital technologies, and also formulated specific proposals for improving the current legislation in this area. Conclusions: the innovations in the legal regulation of real estate in the context of the fourth industrial revolution contain a number of positive aspects, but it is advisable to constantly identify and develop the ways to eliminate the gaps, both in the legal regulation and in the theoretical and legal understanding of the transformation of public relations in the field of real estate transactions in the context of Industry 4.0. It is revealed that when making a transaction completely in electronic form, neither the registration authority nor the notary will be able to determine the real, desired intentions of the transaction participant, who may be under duress, or does not understand the meaning of his actions, or is misled, which may later become the basis for invalidating the transaction. In this regard, the additional mechanisms for authenticating applicants when receiving electronic public services are needed.
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Slavich, Maria A. "Plurality of Persons on the Debtor’s Side in Real Estate Developer Insolvency (Bankruptcy) Cases." Jurist 5 (May 13, 2021): 37–42. http://dx.doi.org/10.18572/1812-3929-2021-5-37-42.
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The article is devoted to the analysis of the possibility of using the structure of a plurality of persons on the side of the debtor in Russian law enforcement practice. The proposal is due to the lack of efficiency in achieving the goal of applying special provisions of the legislation on bankruptcy of developers to protect the rights of citizens in cases of establishing requirements for the transfer of premises in relation to one object in bankruptcy cases of different debtors. The analysis is carried out on the basis of foreign experience, existing domestic law enforcement practice and the development of the concept of a plurality of persons in bankruptcy cases in the scientific literature. Positive and negative aspects are evaluated.
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Omran, Mohamad Aghyad. "The reality of the real estate lease agreement in the Syrian Arab Republic." LAPLAGE EM REVISTA 7, Extra-D (July 13, 2021): 298–302. http://dx.doi.org/10.24115/s2446-622020217extra-d1098p.298-302.
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This article examines concept and the importance of the lease agreement and the genesis of rent law in Syria and some of the features of the civil legal regulation of relations arising in connection with the lease of real estate in Syria. Differences in the determination of the amount of rent under lease agreements concluded before and after the 2001 reform are considered. The basis of the civil status of the parties to the lease agreement in Syria is considered and the rights and obligations of the landlord and tenant in law. In the conclusion of the work, a conclusion is made about the need for further development of civil legislation in Syria and refusal to apply the old socialist laws, and the need to set exceptional rules that protect tenants in the reality of the Syrian crisis.
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Chu, Huynh Van. "Mortgaging a Residential Construction Investment Project: Comparison of Vietnamese and Chinese Law." Journal of Law and Sustainable Development 11, no. 9 (October 17, 2023): e875. http://dx.doi.org/10.55908/sdgs.v11i9.875.
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Objective: The primary objective of the analytical review was to conduct a comparative analysis of the residential construction investment project mortgaging laws in China and Vietnam. The aim was to examine the existing legal frameworks associated with residential mortgages in the two countries and the analysis of areas of similarity, differences, strengths, flaws and drawbacks. The research further evaluates how the mortgage rules protect borrowers and identifies the existing strengths and weaknesses and the systems, and provide the necessary recommendations. Methodology: The review adopted the form of a summary of the existing state of the current laws and regulations associated with the topic of research by combining reference to primary sources including legislation, existing court cases with reference to secondary sources including handbooks, policy papers and most recent journal articles. Findings: Both China and Vietnam have definitive laws which outlines the registration processes of mortgages for residential project construction projects. In China, the registration of mortgages is outlined by Article 388, 395, 400 and 402, Civil Code and Article 2, Real estate Registration Regulation 2019. In Vietnam, the registration of residential real estate mortgage is governed by Article 317, 318, 320-324 of Civil Code 2015 and MOJ Circular 07/2019/TT-BTP. Existing similarities and differences in the parties’ rights and obligations in relation to mortgaging residential real estate projects. Significant differences in terms of the legal aspects of taxes and fees on mortgaged residential property in China and Vietnam. Conclusions: China and Vietnam have witnessed varying levels of changes of property mortgage regulations attributed to the rising housing and mortgage finance needs. The two countries have recorded a wide range of reforms and changes to the law and regulations that govern the mortgaging a residential construction investment project.
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Ashurova, Nargiza. "Improvement of the rules of civil law governing immovable property as objects of civil relations." Общество и инновации 1, no. 3 (February 8, 2021): 82–97. http://dx.doi.org/10.47689/2181-1415-vol1-iss3-pp82-97.
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This article critically analyses legislative acts concerning the legal regime of real estate of the Republic of Uzbekistan and reviews the improvement of the legal status of real estate. In particular, on the basis of the legal characteristic of immovable property, peculiar aspects of the stay (finding) of immovable property in civil circulation, the priority areas of development of the Civil Code of the Republic of Uzbekistan are moving forward (hereinafter referred to as the Civil Code).
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Akhmedov, A. V. "Types of objects of the claim in cases of recognition of unauthorized construction." Law Нerald of Dagestan State University 41, no. 1 (2022): 95–103. http://dx.doi.org/10.21779/2224-0241-2022-41-1-95-103.
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The question of the types of objects of unauthorized construction is of great importance for the arbitration process. The main purpose of the study is to correctly determine the object of the claim in cases of recognizing the building as unauthorized, which is the guarantee of a legal and well-grounded court decision. To achieve this goal, the views of scientists regarding the composition of real estate objects, which can be recognized as unauthorized buildings, have been studied. The current legislation, the legal positions of the Supreme Court of the Russian Federation and the Supreme Arbitration Court, expressed by it before its liquidation, and the practice of arbitration courts of the Russian Federation are analyzed. Research results: the concept of a building is disclosed, which is important for determining the object of the claim. Recognition of construction as real estate allowed real estate to be classified into traditional and non-traditional. Traditional objects that, under certain conditions, can be recognized as unauthorized constructions include buildings, structures, other structures, including objects of unfinished construction, non-traditional real estate objects that appeared as a result of the development of certain sectors of the economy, in particular linear objects, apartment buildings, artificial land plots, parking spaces, etc. Since all objects in respect of which claims for unauthorized construction can be filed relate to real estate, a proposal was made to amend Article 130 of the Civil Code of the Russian Federation, adding to the list of real estate objects, those types that are contained in part 7 of Art. 1 of the Registration Law 2015.
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Mashchenko, Olha, Ruslana Polovynkina, and Oksana Davydenko. "COLLECTION OF TAX ON PROPERTY OTHER THAN LAND PLOTS: CURRENT STATE AND PROSPECTS FOR IMPROVEMENT." Baltic Journal of Economic Studies 9, no. 4 (November 17, 2023): 184–89. http://dx.doi.org/10.30525/2256-0742/2023-9-4-184-189.
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The purpose of the article is to study the historical and theoretical foundations of levying the tax on immovable property other than a land plot, to develop proposals for eliminating gaps in legislation and to expand the scientific basis for studying the above tax. Methodology. The study is based on the analysis of tax legislation in the field of levying tax on immovable property other than a land plot. The article outlines the historical stages of formation and development of taxation of immovable property other than a land plot. This paper analyses the current changes in legislation and establishes that the adjustments to legal regulation have affected the provisions of the list of objects and tax rates, the tax period, and the mechanism of forming a tax decision-notification. It is found that the formation of a scientific basis for the study of taxation other than land is relevant. Recent research in the field of real estate taxation is reviewed and analysed. The main doctrines and scientific positions are presented, and the analysis of domestic legislation is carried out. The imperfection of tax legislation is substantiated. The authors analyse the conceptual framework of the Tax Code of Ukraine. It is also determined that the term "tax collection" is an independent and highly specialised term, which means a set of actions of controlling authorities in the field of tax collection on real estate other than a land plot. A detailed analysis of real estate objects that are not subject to the tax under study was carried out. The research reveals abuses by taxpayers in determining the tax base for real estate objects for which the ownership is not registered. It is proposed to amend the list of taxable real estate owned by spouses in joint ownership. Positive changes in tax legislation under martial law are outlined. The difficulty of effective collection of tax on immovable property other than a land plot is substantiated. Results. In the course of the study of the theoretical foundations of taxation of immovable property other than a land plot, the authors concludes that the legislative framework for taxation has gone through its historical path and continues to evolve. Over the period of validity of the TC of Ukraine, Article 266 has undergone numerous changes, both positive and negative, however, this indicates that the legislator is looking for the best ways to ensure the quality of the tax under study. The article reveals discrepancies in the categorical apparatus of the Tax Code of Ukraine, the legislator uses the terms "administration" and "collection". This paper considers it appropriate to use the concept of levying tax on real property other than a land plot. The authors substantiate the imperfection of legal provisions regulating the collection of tax other than land, which contributes to the abuse of taxpayers. A positive novelty of the legislation is the inclusion of those objects that are not subject to taxation that are destroyed, damaged (requiring major repairs) and destroyed during the period of hostilities. Practical implications. The article provides proposals according to which amendments to the TC of Ukraine will facilitate more efficient collection of tax on immovable property other than land plots. Value/originality. The article provides proposals for amendments to the TC of Ukraine in terms of taxpayers' obligations, clarification of the preferential category of the tax base and jointly owned property.
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de Rijcke, Izaak. "Recent Boundary Law Cases." GEOMATICA 68, no. 1 (March 2014): 45–57. http://dx.doi.org/10.5623/cig2014-004.
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In this paper, recent boundary cases are considered—but especially as related to Ontario. The choice of jurisdiction is a consequence of the original audience for whom the paper was prepared: real estate lawyers in Ontario. While the activity of case law review and discussion may be seen as an ad hoc and fact—specific exercise, most lawyers in practice choose to remain aware of recent cases in order to stay abreast of new trends. Law schools still use the case law method for teaching—as well as to identify current reported cases as harbingers of potential new trends. Likewise, legislators monitor what emerges from our courts—if only to make sure that there is not a need for remedial legislation in order to possibly “correct” policy implications of a decision or a series of decisions which signal a new trend. Despite its jurisdictional limitations and the review of only most recent cases, this paper is both an example and a reminder that the jurisprudence of boundary law and the work of geomatics professionals continues to evolve.
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Giammanco, Laura, Calogera Chiara Bordenca, Domenico Rigoglioso, Carlo Greco, Emanuela Sirica, and Kestutis Venslauskas. "Tax benefits for the energy requalification of Italian real estate assets." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 2 (January 2020): 249–65. http://dx.doi.org/10.3280/riss2019-002-s1016.
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The need for energy-efficient buildings has emerged since the onset of the first energy crises in the 1970s. It's in this decade that the concepts of sustainable development and energy saving have been introduced in the construction sector. Currently, the greatest energy saving potential for buildings does not lie in new buildings, but in the energy redevelopment of existing buildings. In order to promote interventions for building restoration, which are often costly and not economically convenient, Italian legislation has made a series of economic incentives available to the sector. This work reviews the main incentive systems for the energy requalification of buildings.
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HUBAR, Yu, I. TREVOHO, and Ya VASH. "Use of zoning of the territory as a part of general planning to determine the area of lands of household areas." Modern achievements of geodesic science and industry 2, no. 44 (September 1, 2022): 102–12. http://dx.doi.org/10.33841/1819-1339-2-44-102-112.
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The purpose of this scientific work is to prove the importance and necessity of further development of urban zoning in the settlements of Ukraine in order to improve the adjacent territories. Method. Reform of the residential real estate management system is currently based on three main areas: privatization of residential real estate and the creation of associations of co-owners of apartment buildings (condominiums); reform of housing and maintenance offices (ZhEK); creation of a market of competitive managers and a market of quality housing and communal services. Until 2002, ie until the entry into force of the Land Code of Ukraine (LCU) and the Law on ACMHs, the issue of registration of rights to land under “ordinary” apartment buildings was not settled. The exception was cooperative houses. Article 66 [Land Code of Ukraine, 2022], as amended on March 13, 1992, provided that: “Housing, housing-building, garage-building and countrybuilding cooperatives are provided with permanent land plots for residential, garage and country construction, the size of which is set in accordance with the norms approved in the prescribed manner and design and technical documentation. In practice, this rule was used infrequently. The situation began to change with the update of land legislation. Results. The essence of the developed methodology is to determine the shares of residential areas for all real estate units in proportion to the area of these units in the total area of a residential building. In the general case, the area of the adjoining share calculated for the owner or user of the real estate unit consists of the area of the land plot under the building in which the real estate unit is located and the area of the land plot in the adjacent territory minus all buildings within their perimeter. Scientific novelty and practical significance. On the basis of the stated judgments the technique of definition of adjacent territories in the part of calculation of adjoining shares of real estate units taking into account town-planning zoning is improved. Its essence is to determine the boundaries of the residential quarter (neighborhood), which will calculate the boundaries of adjacent areas and determine the areas within the quarter, which are removed from the area of the residential area. Such territories include: land plots that are privately owned and designed in accordance with current legislation; area of privately owned land plots; land plots that are in permanent use and designed in accordance with current legislation: the area of land plots of permanent use.
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Bogolyubov, Sergei Aleksandrovich. "Studies of problems of agrarian law (based on the works of O.L. Dubovik and other professors)." Сельское хозяйство, no. 1 (January 2023): 22–31. http://dx.doi.org/10.7256/2453-8809.2023.1.43705.
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The state and development of the socio-economic situation in the country depends on various factors, including scientific support, qualified preparation and implementation of legislative acts. The interdisciplinary approach to the theoretical consideration of the problems of agrarian, land, environmental, international and other branches of law, conducting comparative legal studies of Russian legislation and legislation of foreign countries, supranational entities bring success. The logic and versatility of studying trends in changes in legal life, the timeliness and adequacy of responding to them are conditioned by studies of constitutional, civil, administrative, criminal, and other rules, norms and principles that make up a complex, integrating a variety of legal institutions and categories of agrarian legislation. It has its own subject, specific methods of regulation, a coherent set of regulatory legal acts. The interaction of legal science and legal realization in the field of ensuring food security and independence of the country is achieved by discussing and trying to solve emerging issues of a tactical and strategic nature at international and All-Russian scientific and practical conferences that receive rapid application, implementation, and operational reflection in the media. In different periods of the development of the agro–industrial complex, the most pressing problems of legal regulation were put forward for consideration - the delimitation and protection of property rights, the organization and improvement of the efficiency of agricultural production, affordable forms of land management and registration of real estate, administrative and criminal legal means of ensuring freedom of economic activity not prohibited by law. For half a century, topical theoretical and legal and applied problems in the field of agrarian, land, environmental law have been considered by O.L. Dubovik, Doctor of Law, Professor of the Institute of State and Law of the Russian Academy of Sciences. She is known for numerous in-depth consistent developments of lawmaking, mechanisms of law enforcement, effectiveness of law enforcement, prevention and suppression of corruption, crimes, and other offenses.
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Carbonara, Sebastiano, and Davide Stefano. "An Operational Protocol for the Valorisation of Public Real Estate Assets in Italy." Sustainability 12, no. 2 (January 19, 2020): 732. http://dx.doi.org/10.3390/su12020732.
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The Italian Treasury Department reports that a quota of the country’s public real estate assets, with an estimated value of some 63 billion euros, consists of properties not directly utilised by the State Government and is therefore available for decommissioning alienation; in other words, for adaptive reuse. Numerous legislative initiatives dedicated to this issue over the past 30 years have produced very few comforting results. A plausible explanation for these shortcomings can be traced to the gap between established regulatory principles and the possibilities/capacities of local institutions to apply them. Put another way, legislation and indications, many of interest, have not been supported by adequate economic, structural, and organisational resources. The underlying question is, what is the structure of the decision-making process behind the sale or redevelopment of real estate assets? Beginning with these premises, this paper proposes an operational Business Process Modelling protocol that develops three different indexes—urban values index (Ivu), use index (Iut), and technical-maintenance index (Itm)—which may suggest three hypothetical scenarios of valorisation and three lines of action. A test of this model using a selection of public buildings owned by the City of Pescara showed it to be prognostic of some of the choices subsequently made by the municipal administration.
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R. Stanifer, Stacy, and Ellen J. Hahn. "Analysis of Radon Awareness and Disclosure Policy in Kentucky: Applying Kingdon’s Multiple Streams Framework." Policy, Politics, & Nursing Practice 21, no. 3 (May 11, 2020): 132–39. http://dx.doi.org/10.1177/1527154420923728.
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The purpose of this article is to analyze radon awareness and disclosure policy proposed during the 2018 Kentucky General Assembly using Kingdon’s Multiple Stream Framework. Radon gas is the second leading cause of lung cancer. Exposure to radon occurs largely in the home. The proportion of homeowners who have completed radon testing remains low, and home radon testing is voluntary in most states. The Environmental Law Institute recommends states enact policies to promote radon awareness and testing. The most common radon awareness policy mandates radon disclosure during a real estate transaction. A bill to mandate radon disclosure during a real estate transaction was proposed during the 2018 Kentucky General Assembly but was met with opposition and was not filed. As a policy alternative, an administrative regulation to amend the Form for Seller’s Disclosure of Conditions was proposed to the Kentucky Real Estate Commission. Administrative regulations set forth by government regulatory agencies are equally enforceable and may be a more politically feasible alternative to enacting public policy. Nurses are positioned to promote the health of patients and populations. Nurses advocating for radon control legislation and/or administrative regulations may push radon control policy higher on the governmental decision agenda leading to policy change to decrease the development of lung cancer.
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Hryniak, Andrii, and Nadiia Milovska. "Features of Application of Article 392 of the Civil Code of Ukraine Upon Recognising the Right of Ownership of Newly Created Real Estate (A Case Study of Judicial Practice)." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 27, 2020): 77–90. http://dx.doi.org/10.37635/jnalsu.27(2).2020.77-90.
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The study of the specific features of recognition of ownership of newly created real estate is conditioned by its purpose, which is to determine the grounds for application of remedy upon recognising ownership of newly created construction object, stipulated by Article 392 of the Civil Code of Ukraine. The purpose of the study also includes identification of gaps and discrepancies in the legislation of Ukraine and judicial practice, which arise during application of the appropriate remedy for a substantive right, and the development of proposals for their elimination. In this regard, the main method of this study was comparative law, which allowed to identify and analyse different approaches to the legislative consolidation and application of such a remedy as the recognition of property rights. Upon concluding an agreement on sale and purchase of property rights to immovable property, the buyer receives a limited real right, under which it is endowed with certain, but not all rights of the property owner. Nevertheless, in recognising the ownership of newly created real estate, the study proves the feasibility of applying the method of protection stipulated in Article 392 of the Civil Code of Ukraine. It is substantiated that the buyer, who has performed its monetary obligations under the agreement on sale and purchase of real property rights, having fully paid the contractual value, is considered to have committed actions aimed at the occurrence of legal facts necessary and sufficient to obtain the legal claim for the transfer of ownership of the construction object. In this regard, it has been proved that the effectiveness of the remedy stipulated by Article 392 of the Civil Code of Ukraine, which is applied upon recognising the ownership of newly created immovable property, is aimed at levelling the possibility of further unlawful actions of third parties in relation to such property, and is achieved through the enforcement of judgement by recognition of ownership of a specific object, and in case of its destruction – by obtaining appropriate compensation. The practical significance of the study of the application of Article 392 of the Civil Code of Ukraine upon recognising the ownership of newly created real estate is that its results are designed to promote further research, to improve the legal regulation of relations, the object of which is newly created real estate, to optimise the implementation of property rights and law enforcement in this area
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Jadalhaq, Iyad Mohammed. "Fundamentals of the Real Estate Legislative System and Its Impact on Sustainable Development: Dubai Case Study." Arab Law Quarterly 31, no. 4 (November 6, 2017): 388–410. http://dx.doi.org/10.1163/15730255-12314030.
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Abstract The real estate legislative system is one of the bases of the sustainable development process. This research focuses on the role of the legal system in sustainable development, according to the most prominent relevant international reports. The uae ranked forty-first globally in the Human Development Index (hdi). In the World Bank’s ‘Doing Business Report’, the uae ranked second globally and first in the Middle East and North Africa (mena) for the ‘Dealing with Construction Permits’ indicator. Thus, the Emirate of Dubai is deemed the second-best city in the world in terms of ease of dealing with construction permits. For the ‘Registering Property’ indicator, the uae ranked tenth globally and first in the Middle East and North Africa (mena). Despite the uae’s great achievements in terms of developmental ranking at the global level, there is still more to achieve in the field of development.
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BELIKOVA, KSENIA. "SOME ASPECTS OF THE USE OF DISTRIBUTED LEDGER TECHNOLOGY (BLOCKCHAIN) IN RELATION TO REAL ESTATE TRANSACTIONS (CONTRACTS, ETC.): THE EXPERIENCE OF RUSSIA AND FOREIGN COUNTRIES." Gaps in Russian legislation 13, no. 5 (September 30, 2020): 074–82. http://dx.doi.org/10.33693/2072-3164-2020-13-5-074-082.
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This article is aimed at identifying the approaches of a number of foreign countries that are being implemented to address the issues of using distributed ledger technology (blockchain) in relation to real estate transactions, and some aspects of the situation in Russia. The starting point of the research is the currently observed creeping networking - the establishment of non-market communication, which is beginning to replace purely monetary regulators in the economy, law and other spheres of the life of the society. In this format the article analyzes approaches of foreign countries that create patterns of permissibility and assent of different applications of distributed ledger technology (blockchain) in relation to real estate transactions (sale & purchase contracts, leases, etc.), the potential of such an application and the existing legal (including mentality, tradition, etc.) basis based on analytical reflections on the information gathered from sources and literature from the list of references. The author reveals the dependence of the permissibility (acceptability, acceptance, etc.) of using distributed real estate ledgers in foreign countries on the degree of involvement of the intermediary (Registrar of rights, etc.) in real estate transactions and the notary system in force in the country. The relevance, theoretical and practical significance of such a research is due to the fact that a number of approaches to legislation can be useful in finding answers to similar questions related to the understanding, development and adoption of a similar approach by our country, and the fact that this study serves to fill in the existing gap in the coverage of legal and other approaches of foreign countries in the field under study in the modern period. The author's results are presented among others in the idea that the more types of real estate registration in the countries under study are not required, the better space for implementing blockchain-based transactions will there still be. This prospect, however, is negated by the desire of the parties themselves to register transactions & contracts that according to law does not need any registrations in order to create a legal certainty regime for themselves.
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Biletskyi, Ihor V. "Key Characteristics and Structure of the Residential Real Estate Market in the Current Conditions." Business Inform 7, no. 534 (2022): 149–54. http://dx.doi.org/10.32983/2222-4459-2022-7-149-154.
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The article examines the factors influencing the functioning of the residential real estate sector, the real estate market situation, the competitive situation, and the investment attractiveness of the sector. It is emphasized that the role of residential real estate performs several functions in society, in particular, it satisfies the need for housing, is an object of economic activity, and acts as a mechanism in the implementation of the social policy of the State. The main stages of the formation of the strategy for the development of the residential real estate segment are allocated, it is worth taking into account the behavior patterns and requests of potential customers, in particular: the segmentation of the primary residential real estate market; identification of factors affecting consumer behavior; modeling the process of making a purchase decision: awareness of needs; assessment of financial opportunities; collection and analysis of information; assessment and selection of real estate options; the decision to purchase property; conclusion of an agreement. It is determined that it is expedient to introduce civilized relations between real estate market participants, which is possible by promoting the implementation of legislative initiatives aimed at introducing a housing construction financing model using escrow accounts and ensuring the guarantee of investors' rights regarding real estate objects, which are under construction. The own structure of the residential real estate market and participants in the market process are proposed, according to which the activity of regional markets, which are divided into primary and secondary markets, are indicators of the activity of national residential real estate markets. The subjects of the primary market are investors, creditors, designers, builders, developers, project organizations, construction companies or organizations; concerning the secondary market - realtors, brokers, appraisers, sellers, tenants. In addition, groups of market participants are allocated, in particular group 1 – professional participants working on a commercial basis; group 2 – analysts on the residential real estate market; group 3 – insurance companies, notary offices, law firms, mortgage banks, land resources fund, property rights registration bodies, real estate assessment agencies, technical inventory bodies, judicial bodies.
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Laptev, V. A. "The Right to Information of Members of the Homeowners’ Association: The Guarantee of the Law-Maker and the Essence of the Corporate Organization." Actual Problems of Russian Law 19, no. 5 (February 2, 2024): 84–95. http://dx.doi.org/10.17803/1994-1471.2024.162.5.084-095.
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Administration of common property of an apartment building by a homeowners’ association required consolidation of the rights to information not only for members of the partnership, but also for non-members of the association of homeowners in the Housing Code of the Russian Federation. The scope of information rights of members of the civil law community and the procedure for their implementation are debatable from the point of view of the purpose of granting such powers and their practical implementation. In particular, owners of premises who are not members of the partnership have equal rights, along with current members, to receive any information about the activities of the partnership. The paper analyzes the provisions of housing legislation regarding the information rights of relevant individuals. The paper determines objectives of legislative regulation and explains the specifics of implementing information rights in the context of digitalization of certain spheres of society and the economic challenges of our time. The author examines the provisions of legislation on personal data, on certain types of corporate organizations, on registration of real estate and other acts indicating the existence of restrictions and limits on the exercise of the right to information in Russian corporate organizations. Possible abuses of information rights are identified, and judicial practice on the issue under consideration is disclosed. The paper provides for the ways of housing legislation development also by means of consolidation of cases restricting the exercise of rights to receive information.
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Buday, Š. "Development trends in land market prices in Slovakia." Agricultural Economics (Zemědělská ekonomika) 51, No. 5 (February 20, 2012): 207–11. http://dx.doi.org/10.17221/5096-agricecon.
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After the accession to the EU, there is a necessity to develop the land market in Slovakia. The achievement of the following conditions is necessary: settlement of estates in lands and unification of the law of real property in the areas of ownership, utilization, change of the land type, soil conservation, land use planning and building multiple-function agriculture with the legislation of the market economy countries as well as its harmonization with the EU legal regulations. It is also necessary to develop an official network to follow transactions on the land market, a regular update of data and their evaluation.
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SEKACHEVA, ALEKSANDRA, and STANISLAV ODINTSOV. "LEGAL REGULATION OF PROPTECH IN THE USA." ECONOMIC PROBLEMS AND LEGAL PRACTICE 19, no. 1 (February 28, 2023): 131–37. http://dx.doi.org/10.33693/2541-8025-2023-19-1-131-137.
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The purpose of the research. This article summarizes and explores the main provisions of US law related to PropTech. Taking into account the opportunities for further development of PropTech in the context of digitalization, it is important to study the issues of its legal regulation in the United States, a country recognized as a world leader in this field. PropTech is a cluster of innovative technologies designed for the real estate market, which includes many segments, requires proper legislative regulation and institutionalization. Results. Despite all the difficulties of formation, development and regulation, it is predicted that the PropTech market in the USA will have great prospects. It is of interest to predict that the entire US real estate market may eventually switch to a remote method of searching and renting/purchasing real estate, effectively displacing real estate agencies: they will be completely replaced by innovative technologies and online services that simplify the process of real estate transactions at all stages. If earlier the buyer, together with the agent, went to the site, and then had long negotiations with the seller, now the entire purchase process often takes place remotely. At the same time, the potential problem of fixing the expression of will by electronic or other similar technical means should be mentioned. In the very near future, at a breakthrough technological stage, mass adoption in the field of PropTech, including ConTech (design and construction of real estate) of the above-mentioned key elements of Industry 4.0, such as: AI and machine learning, augmented and virtual reality, drones and lidars, is clearly to be expected, 3D printing and robotization, etc.
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Nesterenko, S., O. Baystruk, I. Kondratuk, and S. Khalikov. "LEGAL ASPECTS OF LAND FORMATION UNDER REAL ESTATE OBJECTS." Municipal economy of cities 3, no. 170 (June 24, 2022): 252–57. http://dx.doi.org/10.33042/2522-1809-2022-3-170-252-257.
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A land plot is a part of the land that has clearly defined boundaries, a certain location, natural properties, physical parameters, it also describes the legal and economic status. The main properties of the land plot can be considered: boundaries, area, cadastral number and address, as well as legal properties, namely the rights and obligations of the land owner, restrictions and encumbrances, land easements. In addition to these characteristics, there are also so-called quality, they include: the cost of use or exchange. When a land plot is formed, it becomes an object of civil law, and it is for this purpose that it is formed. Nowadays, with the creation of the land market, it is necessary that every owner or user of land has the right to draw up documents that are necessary for the sale or lease of land, and this includes work on the formation of land, and it is work on drawing up a land management project in accordance with. Depending on the available materials from the previous works on this site, the composition and scope of work required for the formation of the site are determined. These characteristics are also related to the reform, or in other words, the reorganization of agricultural enterprises. Two other factors that affect the composition and scope of work are the number and location of real estate to be transferred. There are also many other factors of influence. The purpose of the article is to study the principles of development of land management projects, taking into account the scheme of application of tools for the organization and protection of land. The paper analyzes modern domestic and international approaches to the development of land management projects and the formation of land management documentation at different levels and for different applications. The technology and systematized stages of creating a land management project are determined. Factors influencing the location of the real estate object are analyzed. It is determined that all the presented factors must be taken into account at all stages of the construction, starting with its construction and ending with its operation. But taking into account each individual factor in the efficiency of use or profitability of the building, if it is commercial, is not enough to choose the right location of the property. The principles of formation of land management documentation for construction purposes are determined. The developed directions in research will give the chance to increase land use by application of modern technological schemes of development of land management projects taking into account current requirements of the legislation.
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Kiriiak, Oksana. "Guaranteeing property rights to real estate objects that will be built in the future." Slovo of the National School of Judges of Ukraine, no. 3-4(40-41) (June 5, 2023): 38–46. http://dx.doi.org/10.37566/2707-6849-2022-3-4(40-41)-3.
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The article analyzes various milestones of legislative regulation of the problem of guaranteeing property rights to real estate objects that will be built in the future. Ukraine has gone a long way towards strengthening institutionalization and guaranteeing property rights to real estate objects that will be built in the future. The current situation in the researched area is characterized by the ratio of the relatively consistent consolidation of the main guarantees of the property rights realization with the obviously unsatisfactory state of their practical implementation, which is expressed in the impossibility for the majority of the population to fully enjoy their rights, in their systematic violations and in the absence of reliable mechanisms for their restoration and protection. The same with regard to further scientifi c research, as author confi dently conclude, that in the current conditions, the epicenter of doctrinal and legal eff orts should shift from the formal recognition and ascertainment of real property rights to real estate objects that will be built in the future, to the implementation of their real guarantee. At the same time, only an indivisible object of unfi nished construction can be the object of ownership rights arising from the moment of state registration of such a right in accordance with the requirements of the Law of Ukraine «On State Registration of Property Rights to Real Property and Their Encumbrances». As a result of the conducted research, the author proposed her own periodization of the main stages of legislative regulation of the issue of guaranteeing property rights to real estate objects that will be built in the future, namely: 1) the judicial stage, 2) the contractual stage, 3) notarial stage. According to the scientist, such an understanding will allow to optimize theoretical research in this area and form a vector for the further development of the investigated challenges. Key words: real estate, rights guarantee, real estate objects, real estate, legal regulation.
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Ponomaryova, Vlada, and Oksana Artyukh. "Modern problems of property taxation: national and international dimensions." Socio-Economic Problems and the State 27, no. 2 (2022): 161–68. http://dx.doi.org/10.33108/sepd2022.nom2.161.
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This article is devoted to the analysis of the current problems of property taxation which plays a significant role in the formation of the sources of the budget replenishment. The construction of an effective tax system is the main component of strategy for the economic and social development of the state. The theoretical essence, the role and assignment of property taxation are highlighted. Famous scientists who are involved in the study of experience of the real estate tax operation in Ukraine and other countries and who analyse of property taxation problems are noted. It is determined that the increasing of the role of financial taxes and their share of income is the main direction for the public budgets strengthening and the expansion of financial autonomy in the relevant country’s territories. The national and international dimentions of the property taxation and the particularities of the payment of the real estate which is different from the land plot, the transport tax and the land payment are considered. It is shown that since the start of a full-scale war of the russian federation against our country, the Verkhovna Rada of Ukraine adopted amendments to the legislation which provide a significant reduction of the taxation for the period of the martial law. Dynamics of the local budgets income from local taxes is analyzed during 2018-2021 years, among them are the real estate tax which is different from the land plot and paid by legal entities and individuals who are the owners of residential real estate objects, land tax for legal entities and individuals, rent from legal entities and individuals, transport tax for individuals and legal entities. The key problems and directions for improving property taxation are identified as its charge is incomplete due to which fairness of taxation is not ensured.
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Raškovič, Vladimír, Zlatica Muchová, and František Petrovič. "A New Approach to the Registration of Buildings towards 3D Land and Property Management in Slovakia." Sustainability 11, no. 17 (August 27, 2019): 4652. http://dx.doi.org/10.3390/su11174652.
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Slovakia faces a critical period in land and property management. The Land Registry still maintains its old 1990s information system and obsolete manual record system, whose structure and links of the real estate records and ownership titles are unable to meet the current requirements of companies in its graphical representation and visualization of data. Basically, it is a partially structured, digitalized and yet still analog system for recording land titles. It is of the utmost importance for a data model to be set up for a new information system that would provide the entire Land Registry with a wide range of information, together with the right structuring, filtering, sorting, and graphics. The system architecture should be based on unique identifiers in Land Registry entries, fixed links and integrity control mechanisms, while creating an index map of all real estate which can be specified with additional information future legislation might require. Slovak law allows multiple ownership of any land, building or interior. In order to initiate the entire process, the Slovak Land Registry needs to clearly define buildings together with their boundaries by their geometry and location, identify them with a unique code and give them a fixed land reference.
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Semyakina, Anna V. "About the object and system of property rights to land plots in the Russian Federation in the context of the reform of the Civil Code of the Russian Federation." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 42 (2021): 177–87. http://dx.doi.org/10.17223/22253513/42/15.
Full textAbstract:
Two concepts have developed around the world - single object and multi-object real estate. The choice of the model determines the systematics of rights in rem over real estate. At the present stage of development of the legislation of countries where a land plot is regarded as a single real estate object, this concept does not always effectively regulate the relations of persons having a legal interest in real estate. The concept of a single object has been replaced abroad by the idea of a parcel unit which allows for the recognition of rights in rem to separate spaces: underground, above-ground and aerial. The concept of parcels implies granting a number of privileges to property owners within the boundaries of a land plot. Analogous to the concept of parcels in Russian law may be the concept of composite immovable property. Applying the concept of composite immovable property to multifunctional complexes, cottage settlements, blocks of flats and property of garage co-operatives with vesting property owners with rights of common ownership of common use property (if any) seems more relevant to the interests of such persons compared to the current regulatory model. The system of rights in rem over land plots in accordance with the concept of a single object in a multi-object real estate will not work efficiently. The approach proposed in the Draft Amendments to the section on rights in rem of the Civil Code of the Russian Federation is aimed at duplicating the already existing structures and giving the rights of obligation in rem and the negative easement the status of rights in rem. This confusion destabilises the circulation of real estate that has developed over decades. Gratuitous and perpetual rights to use land plots must be retained as the basis for the functioning of special public legal entities and the support of subjects for socially important purposes. However, the capacity of the holders of such rights can be expanded by granting the right to own a land plot. In order to distinguish between real and compulsory lease regime, it is possible to distinguish between user (compulsory) lease and user-owner (real) lease. It is also necessary to expand the range of security transactions with respect to land plots by providing for the possibility of leasing and sale with the right to buy it back. For easements in the Russian Federation, an open list of types of private easements should be established, while public easements, on the contrary, should be subject to a closed list. For the Russian Federation, the introduction of a reciprocal easement structure could be relevant. In the case of personal easements, the potential of such rights in relation to land plots cannot be appreciated and the need to duplicate existing rights through such a construction. A similar problem is characteristic of usufruct and rights in rem. In this respect, it would be more reasonable to introduce the property rights in real estate in Russian law that are endowed with a succession effect.
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Vronskaya, Mariya Vladimirovna, and Pavel Maksimovich Maslyuk. "The prospects for regulating superficies in modern civil legislation of the Russian Federation." Юридические исследования, no. 12 (December 2021): 33–41. http://dx.doi.org/10.25136/2409-7136.2021.12.37062.
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The need for the reform of civil legislation and, namely, the real right, is a frequently discussed and valid problem of the Russian civil law. The solutions this problem have been devised for over a decade, which resulted in the Concept of the Development of Legislation on Real Right that presents the fundamentally new system of limited real rights, particularly the superficies. The subject of this article is the institution of superficies, the establishment of the real right essence of which comprises the hypothesis of scientific research. The authors examine the doctrinal provisions that regulate the legal nature and essence of this phenomenon, outline the advantages of the right of superficies with regards to the practice of application of lease obligations under the condition of superficies, analyze the foreign experience of exercising the right of superficies for its implementation by the Russian legislator within the framework of finalizing the Concept of the Development of Legislation on Real Right. The conclusion is made on the prospects for regulating superficies as the real right due to the existence of reasonable advantages with regards to tenancy, as well as on establishment of possibility of abusing such right by the developers (tenants) in the context of application of the provisions of the Article 39.20 of the Land Code of the Russian Federation – benefits in acquisition of the right to public land; feasibility of consolidation of the nature of the right of superficies in the aspect of using proprietary methods of protection (including the claims of the owner) that would ensure and guarantee the holder of the right of superficies the protection against claims of third parties, including landowner; finding compromise solution with regards to securing guarantees for compensation payment to the superficiary for the build real estate object if the right of superficies is terminated. This would allow retaining the principle superficies solo cedit and enhancing the proprietary nature of the right of superficies.
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Zhumadilova, M. A., A. Zh Issayeva, and B. Zh Aitimov. "Trends and problems of e-commerce development in the Republic of Kazakhstan." Bulletin of the Karaganda University. “Law Series” 109, no. 1 (March 30, 2023): 96–105. http://dx.doi.org/10.31489/2023l1/96-105.
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The goal of the study is to analyze the problematic aspects of ensuring the protection of personal data when using EDS to sign smart contracts and conclude such contracts related to the implementation of electronic commerce based on blockchain technology. The article discusses the trends and problems observed today in the development of electronic commerce in the republic, related to the state registration of electronic contracts and the protection of personal data. As research methods, along with general methods of scientific research, such as analysis, synthesis, historical, formal and logical, private methods, such as comparative legal research, modeling, were also used. For example, a model of real estate registration services has been developed, ensuring the protection of personal data when using EDS using blockchain technology. In the course of the study, the following results were achieved: the mechanism of blockchain technology was studied and objective difficulties of legal regulation of this sphere of public relations were identified; analyzed the main regulatory legal acts of the Republic of Kazakhstan regulating the execution and execution of transactions in electronic form; studied foreign experience in the use of blockchain technology in the registration of real estate; the legal regulation of digital technologies in Kazakhstan is analyzed and the concept of a smart contract is defined; the features of ensuring the execution of smart contracts are studied; the main problematic aspects of ensuring the protection of personal data when using EDS are studied. In conclusion of the article, we propose to make additions and amendments to the legislation for the purpose of legal regulation of these processes, including the law “On State Registration of rights to immovable property”.
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Ignatyeva, E. Yu. "Judicial law-making in Russia on land issues in the second half of the XIX – early XX centuries in the process of applying customary law." Institute Bulletin: Crime, Punishment, Correction 13, no. 2 (July 19, 2019): 213–21. http://dx.doi.org/10.46741/2076-4162-2019-13-2-213-221.
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The article examines the impact of the norms of customary law applied in the peasant environment in the second half of the 19th century to the judicial law-making of land reformers. The purpose of the article is to identify the legal grounds that were taken into account when drafting the legislation of the Peasant Reform of 1861 to create an adequate and at the same time effective justice system for peasant land issues in the context of fundamental social transformations caused by the abolition of serfdom and the need to develop capitalist relations in Russia. The reformers assumed that the rural community would successfully replace the authority of the landowner, become the lower unit of local government and the state taxation system. The legalization of the legal customs of the peasants was taken as a forced temporary measure, necessary in the early stages of the development of peasant self-government; The existence of adaptive mechanisms in the established customary legal system to preserve the viability and stability of the peasant community was taken into account. The main function of the peasant community was the distribution of land and the settlement of land use relations among its members. The created peasant class estate courts were also considered as temporary, later as the peasants became closer to other estates, their subordination to general civil laws was envisaged. The volost courts guided by custom and law became the main element of rural selfgovernment and the mechanism for the implementation of customary law in land relations. The main subject of this right was identified peasant community, which resolved issues of land use, land relations, economic and social conflicts. However the legislator did not clearly define that the difference in the proceedings of the volost and general courts consisted in the property level of the cases and the limit of punishments – only certain categories of different legal matters were listed that were subject to the volost court. Created by the Judicial Reform of 1864 the all-tribal peace courts could consider the same minor offenses on the part of the peasants using the rules of the local customary law “according to conscience” as the volost courts but at a higher property level. Priority was given, as in the county court, to the reconciliation of the parties. The increase in the number of claims on land issues in the late XIX – early XX centuries in the conditions of the development of the land market and the increase in real estate operations was reflected by the increased demand of the peasants for the consideration of land issues and related property relations by courts on the basis of official legislation.
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Zarubenko, Sofia. "Marine vessel mortgage under the law of the Republic of Korea." Pravovedenie 66, no. 3 (2022): 328–46. http://dx.doi.org/10.21638/spbu25.2022.307.
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In the article the author outlines practical and scientific significance of Korean private law study, in particular for the purposes of the development of legislation and law enforcement in Russia. The author considers the regulation of such issues of merchant shipping in the law of the Republic of Korea as the ship status, making of transactions with ships, the mortgage of ships and ships under construction, maritime liens, the order of priorities regarding claims satisfaction in the process of mortgage enforcement, the procedure of a ship mortgage execution. In some cases the author gives examples from the law of the Russian Federation that serve as commentaries or illustration to the existing differences. For example, both in the Republic of Korea and in the Russian Federation marine vessels are divided into those which are subject to special regulation as immovable property because of their relatively large size and, consequently, high value, and those which are recognized as traditional movable things because of their relatively small size and, consequently, low value. According to the current legislation, in the Russian Federation vessels belonging to the first category are considered as real estate by authority of law, while in the Republic of Korea this category of vessels relates to movable things, the regulation of which has special features appropriate for immovable things. However, an analysis of the regulation of ships in practice in the Russian Federation shows that not all provisions concerning immovable property but only their part apply to such ships. It follows that the Russian Federation in fact has the same approach as the Republic of Korea. The introduction of this approach to the legislation of the Russian Federation has been recently suggested in the course of the property law reform. In addition, the author identifies other cases where the regulation provided for by law differs in the Republic of Korea and the Russian Federation, while its practical application in these states coincides. The author concludes that such cases illustrate the existence of similar practical needs of merchant shipping activities participants. The article provides an analysis of the legislative regulation of the issues under examination, judicial practice and views expressed in the doctrine.
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Kaczorowska, Maria. "Three-dimensional property: Current development trends on the Polish example." European Property Law Journal 12, no. 2-3 (December 1, 2023): 126–47. http://dx.doi.org/10.1515/eplj-2023-0009.
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Abstract 126The majority of modern European legislations traditionally follows the concept of land ownership derived from Roman law. It is based on the assumption that the owner’s rights are unlimited in spatial terms. Within this understanding, the spatial scope of ownership extends to open space above and below a specific part of the land’s surface, delineated two-dimensionally. Several exceptions to the general underlying approach have been successively introduced in particular European legal systems in the course of historical development. These include, in the first place, building leases and apartment ownership as well as separate ownership of buildings. Furthermore, widely accepted limitations as to the vertical scope of ownership stem from specific regulations in the fields of mining law, geological law, water law and aviation law. Another manifestation of departure from the traditional concept of land ownership are legal solutions falling into the category of three-dimensional (3D) property, which is of increasing interest nowadays in view of growing needs for new forms of ownership and land use in densely built urban areas. At the core of the concept of 3D property in the strict sense lies the possibility to divide the space into distinct layers defined by horizontal and vertical planes, and to create so-called three-dimensional immovable properties which constitute independent objects of property rights. Such 3D units can serve multiple above- and underground investment purposes. Regulations regarding different models of 3D property rights have already been adopted in a number of countries in Europe and worldwide. Recently, conceptual work on layered ownership has been undertaken in Poland, which has opened a discussion in the legal scholarship on the future legislative changes to be implemented in order to introduce the notion of 3D property to domestic law. In parallel with these tendencies, the idea of 3D cadastre is being promoted. It offers 127the possibility to register real estate objects located at different levels. Worthy of note in this regard is also the impact of the current technological advancements on increasing the investment potential of urban space through 3D property formation. This article elaborates, first, on the general concept and selected types of 3D property rights existing in national jurisdictions. Against this background, the proposal for the new legal construct of layered ownership has been discussed with particular consideration of the possible ways of adapting it to the Polish property law framework. Some of the opportunities and challenges brought about by the 3D property rights development have been then outlined in the context of extensive implementation of emerging technologies in real estate transactions.